Introduction – UN Charter
The Charter of the United Nations (UN Charter), signed on 26 June 1945 in San Francisco, came into force on 24 October 1945, marking the establishment of the United Nations—a global organization dedicated to maintaining peace, promoting human rights, and fostering social and economic progress. The Charter serves as both the constitution and legal foundation of the United Nations, setting out its objectives, principles, organs, powers, and procedures.
Drafted in the aftermath of World War II, the UN Charter reflects humanity’s collective resolve to prevent the recurrence of such catastrophic conflicts. It replaced the League of Nations Covenant and laid down a framework for collective security and peaceful coexistence among nations. The Charter consists of a Preamble and 111 Articles divided into 19 Chapters, encompassing political, legal, social, and humanitarian dimensions of international relations.
Preamble of the UN Charter
The Preamble begins with the words “We the Peoples of the United Nations”, symbolizing the collective commitment of the world community. It outlines the core purposes and ideals of the organization:
“To save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind.”
The Preamble establishes four key goals:
- Maintain international peace and security.
- Promote social progress and better standards of life.
- Respect for human rights and fundamental freedoms.
- Uphold justice and international law.
These goals form the moral and legal foundation for all UN activities.
Purposes of the United Nations (Article 1)
Article 1 of the UN Charter outlines the four primary purposes of the United Nations:
- To maintain international peace and security – by preventing and removing threats to peace and suppressing acts of aggression.
- To develop friendly relations among nations – based on respect for equal rights and self-determination of peoples.
- To achieve international cooperation – in solving economic, social, cultural, or humanitarian problems.
- To be a centre for harmonizing the actions of nations – in attaining these common ends.
These purposes embody the spirit of collective responsibility and global cooperation.
Principles of the United Nations (Article 2)
Article 2 of the Charter lays down the fundamental principles that guide the functioning of the UN and its member states. These principles are binding on all members and reflect the core philosophy of modern international law.
1. Sovereign Equality of All Members (Article 2(1))
Every member state, irrespective of its size, population, or economic power, enjoys sovereign equality. This ensures that all nations have equal rights and obligations under the Charter.
Example: In the UN General Assembly, each member state has one vote, symbolizing this equality.
2. Fulfilment of Obligations in Good Faith (Article 2(2))
Members must honour their Charter obligations sincerely and not act in a way that defeats the purposes of the UN. The principle of good faith is a cornerstone of international law, ensuring credibility and trust among nations.
3. Peaceful Settlement of Disputes (Article 2(3))
All member states are required to settle their international disputes by peaceful means, such as negotiation, mediation, arbitration, or adjudication, ensuring that peace, justice, and security are not endangered.
This principle underpins the role of the International Court of Justice (ICJ) and Chapter VI of the Charter.
4. Prohibition on the Threat or Use of Force (Article 2(4))
States must refrain from the threat or use of force against the territorial integrity or political independence of any state. This is one of the most important principles of the UN Charter and forms the legal foundation for collective security and non-intervention.
This principle was invoked in Nicaragua v. United States (1986), where the ICJ held that U.S. support for armed groups in Nicaragua violated Article 2(4).
Read Case – ICJ Reports 1986
5. Assistance to the United Nations (Article 2(5))
All members must assist the United Nations in any action it takes under the Charter and refrain from aiding any state against which the UN is taking preventive or enforcement action.
6. Ensuring Non-Membership States Act Consistently with These Principles (Article 2(6))
Even non-member states are expected to act in accordance with these principles if necessary to maintain international peace and security.
7. Non-Intervention in Domestic Jurisdiction (Article 2(7))
The United Nations cannot intervene in matters which are essentially within the domestic jurisdiction of any state unless enforcement measures are authorized under Chapter VII.
This principle preserves state sovereignty, though it has evolved with the rise of humanitarian intervention and the Responsibility to Protect (R2P) doctrine.
Also Read: Law of Neutrality under International Law
Organs Established Under the Charter
The UN Charter establishes six principal organs to carry out its purposes:
- General Assembly – the deliberative body of all member states.
- Security Council – responsible for maintaining international peace and security.
- Economic and Social Council (ECOSOC) – promotes international economic and social cooperation.
- Trusteeship Council – supervised trust territories (now inactive).
- International Court of Justice (ICJ) – the principal judicial organ.
- Secretariat – headed by the Secretary-General, the administrative leader of the UN.
Amendments to the Charter
Amendments can be made under Article 108 and Article 109. An amendment requires a two-thirds vote in the General Assembly and ratification by two-thirds of the member states, including all permanent members of the Security Council.
This high threshold ensures stability and consensus but also makes reform difficult—particularly regarding the Security Council’s composition.
Case Law Illustrations
1. Namibia Advisory Opinion (1971)
The ICJ affirmed that South Africa’s continued presence in Namibia was illegal, reinforcing the principle that all UN members are bound to act in accordance with the Charter’s objectives and decisions of the Security Council.
Read Opinion – ICJ Reports 1971
2. Reparation for Injuries Case (1949)
The ICJ recognized that the UN has international legal personality, empowering it to bring claims and act as a subject of international law.
Read Opinion – ICJ Reports 1949
3. Kosovo Advisory Opinion (2010)
The ICJ examined whether Kosovo’s declaration of independence violated international law, highlighting the UN’s role in balancing sovereignty and self-determination.
Read Opinion – ICJ Reports 2010
Significance of the UN Charter
- It is the foundational treaty of modern international relations, binding on all member states.
- It provides the legal framework for collective security and the prohibition of force.
- It promotes human rights, self-determination, and international cooperation.
- It embodies the principles of equality, justice, and peace, which guide the UN’s work in resolving conflicts and promoting development.
Conclusion
The UN Charter stands as the constitution of the international community, symbolizing a collective commitment to peace, justice, and cooperation. Its principles have evolved with time, accommodating new realities such as humanitarian intervention, environmental protection, and human rights enforcement. Despite criticisms of political influence and enforcement limitations, the Charter remains the most authoritative legal document in global governance, ensuring that international law is guided by justice, respect, and the peaceful coexistence of nations.